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Current as of January 01, 2023 | Updated by Findlaw Staff
To maintain the possessory action the plaintiff shall allege and prove all of the following:
(1) The plaintiff had possession or precarious possession of the immovable property or real right therein at the time the disturbance occurred.
(2) The plaintiff and his ancestors in title, or the person for whom the plaintiff possesses precariously and that person's ancestors in title, had such possession quietly and without interruption for more than a year immediately prior to the disturbance, unless evicted by force or fraud.
(3) The disturbance was one in fact or in law, as defined in Article 3659.
(4) The possessory action was instituted within a year of the disturbance.
Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. II, Art. 3658. Same; requisites - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-ii-art-3658/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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